Harassment, Harmful Communications and Related Offences Act 2020

The Harassment, Harmful Communications and Related Offences Act 2020, also known as Coco's law is an act of the Oireachtas dealing with non-Consensual Distribution of Intimate Images and cyberbullying.^[1]

History

The legislation was originally introduced by Brendan Howlin in 2017.^[1]

In 2020 Jackie Fox, Mary Sheehan and Aisling O'Neil and the March for Justice Ireland group presented a petition with 33,000 signatures to Brendan Howlin and James Lawless calling for the criminalisation of cyberbullying.^[2]

Jackie Fox spoke of her daughter Nicole 'Coco' Fox who was subjected to cyberbullying from age 17, which included threats.^[2] Nicole died by suicide in 2018 at the age of 21.^[2] Mary Sheehan spoke of her daughter Kayleigh Ryan who died by suicide in 2019 at the age of 14 after suffering cyberbullying.^[2] Aisling O'Neil spoke of her daughter Mia who was subjected to racist cyberbullying and who died by suicide in 2019 at the age of 19.^[2]

The bill would be reintroduced into the committee stage the following day.^[2]

Legislation

New offences created

Two new offences were created:

1. The taking, distribution, publication or threat to distribute intimate images without consent, and with intent to cause harm to the victim - this carries a maximum penalty of an unlimited fine and/or seven years imprisonment.^[3]
2. The taking, distribution or publication of intimate images without consent without a requirement that the person intended to cause harm to the victim - this carries a maximum penalty of a fine of €5,000 fine and/or up to twelve months in prison.^[3]

It is irrelevant if a person consented to the taking of an image if they did not consent to it being later being distributed.^[3]

It is an aggravating factor for sentencing if the perpetrator was in an intimate relationship with the victim.^[3]

The bill came into effect in 2021.^[4]

Impact

By September 2024 nearly 100 prosecutions had been taken under the act.^[4]